Bombay HC Upholds Right to Protest, Criticizes Political 'Horse-Trading' in Maharashtra

Hindustan Times - India · 4 Jul 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Bombay High Court affirmed citizens' constitutional right to protest against government policies and condemned political 'horse-trading' in Maharashtra, drawing support from Shiv Sena (UBT) amid recent defections.

Key points

Bombay High Court quashed an externment order against SDPI leader Saeed Ahmad, ruling it violated Articles 14 and 21 of the Constitution, setting a precedent against arbitrary state action.

Justice Madhav Jamdar emphasized that protesting government policies, including raising anti-BJP slogans, is a fundamental democratic right protected under Article 19(1)(a).

The court criticized Maharashtra's political 'horse-trading' where 6 of 9 Shiv Sena (UBT) MPs recently defected to the Eknath Shinde faction, highlighting institutional degradation.

[GS2-Governance] The judgment reinforces judicial oversight of executive actions, connecting to GS2 topics on accountability and fundamental rights enforcement mechanisms.

The externment order cited protests against CAA, NRC, and Waqf Amendment Bill as grounds, revealing tensions between dissent and national security narratives.

[GS3-Security] The case illustrates the balance between maintaining public order (GS3) and protecting civil liberties, a recurring UPSC theme.

Justice Jamdar's 'washing machine' remark metaphorically exposed the impunity in political defections, referencing the Anti-Defection Law's ineffective enforcement.

Shiv Sena (UBT)'s endorsement of the ruling reflects the partisan dimensions of judicial observations in polarized political environments.

Way Forward: Amend the Anti-Defection Law to impose stricter penalties for 'horse-trading', establish time-bound judicial review of externment orders, and codify protest rights in police manuals.

Key terms

Externment Order

A preventive measure under state police acts allowing authorities to banish individuals from a geographical area to maintain public order. The Bombay Police Act, 1951 grants this power, but its arbitrary use violates Articles 14 (equality) and 21 (personal liberty), as highlighted in this case.

Horse-Trading

The unethical practice of inducing elected representatives to switch political parties, often through monetary or positional incentives. It undermines democratic mandates and violates the spirit of the Tenth Schedule (Anti-Defection Law), though enforcement remains weak, as seen in Maharashtra's recent defections.

Article 19(1)(a)

Constitutional provision guaranteeing freedom of speech and expression, encompassing the right to protest. The Supreme Court has upheld this in cases like Ramlila Maidan Incident (2012), but governments frequently impose restrictions under 'reasonable limitations' like public order (Article 19(2)).

Anti-Defection Law

The Tenth Schedule of the Constitution, introduced in 1985, disqualifies legislators who defect from their party. However, loopholes like 'merger' clauses (Paragraph 4) and delayed rulings by Speakers have rendered it ineffective against mass defections, as witnessed in Maharashtra.